Legal Question in Wills and Trusts in California

Is there any recommended approaches for estate planning or otherwise, to protect one spouse's separate assets from the creditors of another spouse upon the spouse's death.


Asked on 6/23/10, 11:32 am

3 Answers from Attorneys

For separate property, no protections should be needed.

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Answered on 6/23/10, 3:06 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

You should review your specific situation with an attorney to be sure you are adequately protected. Please feel to give us a call if you would like to discuss this further.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 6/24/10, 2:23 pm
Anthony Roach Law Office of Anthony A. Roach

Don't take from the deceased spouse's estate until all the creditors have been paid.

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Answered on 6/24/10, 4:00 pm


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